Applicant Name:  ?????

Application Receipt Date: 2009/02/09	Prior Review:     Prior Review Date: Yes, November 2008, Denied     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Forms 293 and 149 submitted by the Applicant.

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 070502
Discharge Received: 			   Date: 070608   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: B Co, 4-101st Avn Bn, Fort Campbell, KY 

Time Lost: 3 days, AWOL (070302-070304), surrendered

Article 15s (Charges/Dates/Punishment): 070302, missing movement (070204), 14 days restriction (suspended) and 14 days extra duty (SUM)

070328, AWOL (070302-070305), reduction to E3, 14 days restriction (CG)

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  23
Current ENL Date: 050131    Current ENL Term: 3 Years  ?????
Current ENL Service: 	02 Yrs, 04Mos, 05Days ?????
Total Service:  		03 Yrs, 05Mos, 27Days ?????
Previous Discharges: 	USCG 010703-010803/UNC
                                       ADT 040105-040625/HD
                                       USAR 050130/HD
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 15T10/UH-60 Helicopter Repairer   GT: 114   EDU: GED   Overseas: SWA   Combat: Iraq (050926-060926)
Decorations/Awards: Air Medal, MUC, NDSM, GWOTSM, ICM, ASR, OSR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None submitted by the Applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 2 May 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, para 12b, AR 635-200, by reason of misconduct for missing movement (070204), failure to report to place of duty (070126), and AWOL (070302-070305), with a general, under honorable conditions discharge.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit  a statement in his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  On 18 May 2007, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions; however, the analyst noted that the applicant's current DD 214 indicates that he received an honorable discharge.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 of this regulation establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general under honorable conditions or an honorable discharge may be granted.   

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records during the period of enlistment under review and the issue he submitted, the analyst found no mitigating factors that would merit a change to the applicant's narrative reason for discharge.  The analyst noted the applicant's issue, however, the narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of Chapter 14, Paragraph 14-12b, AR 635-200.  The analyst noted the applicant's issue and determined that the narrative reason specified by Army Regulations for a discharge under this paragraph is "Pattern of Misconduct", the separation code is "JKA", and the reentry code is "RE 3".  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28, separation code, entered in block 26, and RE Code, entered in block 27 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  Furthermore, the analyst noted the applicant's issue and found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  At the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If reenlistment is desired, the applicant should contact the local recruiter to determine eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.  Additonally, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.    
       The analyst noted that the separation approving authority approved the applicant's discharged under the provision of  Chapter 14, Paragraph 14-2b, AR 635-200, pattern of misconduct with a general, under honorable conditions discharge.  However, the evidence of record show that someone in the separation process erroneously entered on the DD Form 214, block 24  a characterization of service of "honorable."  In view of the foregoing, the analyst recommends to the Board that an administrative change be made to block 24, character of service to general, under honorable conditions which was approved by the separation authority.  Except for the foregoing modification, as stated above, the analyst determined that the discharge was both proper and equitable.
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 19 October 2009         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: None


VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review, hearing his testimony and considering the analyst’s recommendation and rationale, the board noted that the separation approving authority approved the applicant's discharged under the provision of  Chapter 14, Paragraph 14-2b, AR 635-200, pattern of misconduct with a general, under honorable conditions discharge.  However, the evidence of record show that someone in the separation process erroneously entered on the DD Form 214, block 24  a characterization of service of "honorable."   Eventhough the DD Form 214 annotates an honorable discharge, it was erroneous. Therefore, the board reviewed the applicant's general, under honorable conditions characterization of service and determined that it was too harsh and as a result, it is inequitable based on the applicant’s length and quality of his service to include his combat service and post service accomplishments mitigated the discrediting entries in his service record .  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  The Board determined that the reason for discharge was both proper and equitable and voted not to change it. 
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
X.  Board Action Directed					         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090006440
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